This page describes the simplified trial process for cases begun by an originating claim (OC) and heard in the Magistrate's Court or the District Court where all parties consent to the application of the simplified civil process.
Refer to Going to court for a civil trial instead if either of the following applies to your case:
During the trial, parties will be given time and opportunity to present their respective sides of the case. The judge may ask questions to clarify or get additional facts. This is done so that they have all the information needed to decide on the outcome of the case.
You are expected to observe court etiquette at each stage of the court proceedings. You should:
A simplified civil trial is conducted similar to a full trial with strict time limits imposed at each stage of the proceedings.
These time limits can be extended only with the permission of the judge.
Both parties will take turns to present their case to the judge in the stages as follows:
As each party would have submitted their opening statements to the court prior to the trial, it is up to the judge to decide whether they need to be heard.
If the judge orders that the opening statements be deemed seen and read, parties will not need to make oral opening statements and will go straight into the oral examination of witnesses in court instead.
If the parties are required to make oral opening submissions, the party who made the claim (the claimant) will read their opening statements first, followed by the defendant.
There are strict legal rules that regulate what questions may be asked of witnesses. It is not uncommon for the lawyers representing either party to object to questions asked in breach of these rules.
In such circumstances, the judge will make a decision on the objection which has been raised and may issue directions (as required) to move the trial forward.
Each party is limited to the following time limits during the examination of the claimant's witnesses.
Step | Time allowed per witness |
---|---|
Examination in chief | 10 minutes. |
Cross-examination | 60 minutes. |
Re-examination | 10 minutes. |
What to expect:
There are strict legal rules that regulate what questions may be asked of witnesses. It is not uncommon for the lawyers representing either party to object to questions asked in breach of these rules.
In such circumstances, the judge will make a decision on the objection which has been raised and may issue directions (as required) to move the trial forward.
Each party is limited to the following time limits during the examination of the defendant's witnesses.
Step | Time allowed per witness |
---|---|
Examination in chief | 10 minutes. |
Cross-examination | 60 minutes. |
Re-examination | 10 minutes. |
After all the claimant's and defendant's witnesses have given evidence, the court may direct parties to give their closing submissions orally or by way of written submissions.
Alternatively, the court may direct the parties to file written submissions.
Closing submissions refer to the final arguments which a party makes regarding his case. Usually, a party's closing submissions may:
A judgment is the decision of the court at the end of a simplified trial.
Depending on the case, the judge may:
If a party is unsatisfied with a judgment given by a judge or magistrate, they may file an appeal or leave (permission) to appeal (if necessary).
Refer to Civil appeals against decisions by State Courts judges or magistrates to find out more about the appeal process.
If a party is unsatisfied with a judgment given by a registrar, they may file an appeal.
Refer to Civil appeals against decisions by State Courts registrars to find out more about the appeal process.
Once all proceedings to the case including appeals against orders made pre-trial (interlocutory orders) have concluded, the court may award costs to the parties.
Alternatively, the court may order that costs be assessed. This means that costs are awarded to a party but the amount of the costs is not fixed and is to be determined at an assessment hearing at a later date.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
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